State v. Cruz

Opinion

VOROS, Judge:

¶1 Abelardo Cruz appeals his conviction for two counts of sodomy upon a child, a first degree felony. We affirm.

BACKGROUND

¶2 Cruz resided with Mother and her six-year-old daughter (Child). On November 9, 2013 Cruz returned home on his lunch break and went upstairs to “get some rest” in the bedroom. Child also went upstairs. Later, Mother walked upstairs “very softly” to get her phone. When Mother opened the bedroom door, Cruz was lying on the bed, his pants were “wide open,” “unbuttoned, and the zipper was down,” and he looked seared. Child was lying on the bed next to…